Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Civil Procedure Code (V of 1908)

Section: O.XXI,r.29,S.151,51

West Pakistan Family Courts Act (XXXV of 1964)-------S. 13(3)---Civil Procedure Code (V of 1908), Ss.51 & 151, O.XXI, R.29- Qanun-e-Shahadat (10 of 1984), Preamble---Criminal Procedure Code (V of 1898), S.491---Suit for maintenance allowance---Execution proceedings---Procedure---Exclusion of C.P.C. and Qanun-e-Shahadat, 1984 from proceedings under West Pakistan Family Courts Act, 1964---Scope---Habeas corpus petition---Maintainability---Plaintiff/respondent filed suit for maintenance allowance against defendant/petitioner which was decreed by Family Court and appeal there against was dismissed by lower Appellate Court---Plaintiff, thereafter, filed execution proceedings before executing Court and defendant filed objection petition which was dismissed by the Court and bailable warrants were issued against defendant---Defendant who had been released from judicial lock-up on undertaking to pay decretal amount in instalments, failed to honour his undertaking and filed an application under Order XXI, rule 29 read with S.151, C.P.C. for stay of proceedings which was dismissed by Court and he was again sent to judicial lock-up---Defendant's father filed habeas corpus petition before High Court under S.491 for production before the Court to be dealt with in accordance with law---Defendant contended that order passed by executing Court committing him to judicial lock up was not an order in the eye of law as prerequisites of S.51, C.P.C. were not complied with and that as aforesaid order did not specify period of detention of defendant, there was no lawful justification for his further detention---Validity---West Pakistan Family Courts Act, 1964 had provided a special procedure for decision of family matters and C.P.C. and Qanun-e-Shahadat, 1984 were not applicable to a case before Family Court---Reason for exclusion of provisions of C.P.C. and Qanun-e-Shahadat, 1984 was to provide to a spouse easy access to justice---Family Courts were special Tribunals which regulated and supervised the rights of parties under provisions of West Pakistan Family Courts Act, 1964---Execution of money decrees in family matters was governed by S.13(3) of West Pakistan Family Courts…

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